Suhail v. The State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 Bail Appl..No. 7268 of 2015 () ------------------------------- CRIME NO. 1186/2015 OF MANNARKKAD POLICE STATION , PALAKKAD DISTRICT --------------------- PETITIONER/ACCUSED:
------------------------------------- SUHAIL, S/O. SAIDALAVI, AGED 21 YEARS, THOTTUNGAL HOUSE, PALLIPADY, MANNARKKAD, PALAKKAD DISTRICT.
BY ADVS.SRI.BABU S. NAIR SRI.BENNY JOSE RESPONDENTS/STATE & COMPLAINANT:
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1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031.
2. THE SUB INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, PALAKKAD DISTRICT, PIN-678 582.
BY PUBLIC PROSECUTOR SMT. R.REMA THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
A. HARIPRASAD, J.
----------------------------- Bail Appl. No.7268 of 2015 -------------------------------------------- Dated this the 1st day of December 2015
O R D E R
Bail application filed under Sec.438 Cr.P.C.
2. Petitioner is the accused in Crime No.1186 of 2015 of the Mannarkkad Police station registered for the offences punishable under Secs.341, 324, 452 and 506(ii) of the Indian Penal Code. Prosecution case is that on 12.11.2015 the petitioner trespassed into the house of the defacto complainant and assaulted him with a wooden reaper.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Learned counsel for the petitioner submitted that the case of trespass into the house is an interpolation in the complaint to make out a non bailable offence.
5. Learned Public Prosecutor submitted that the petitioner was beaten up by using a reaper from the house.
Considering the nature of allegations and the
Bail Appl. No.7268 of 2015 2 age of the petitioner, pre arrest bail is granted to him with the following conditions.
1. The petitioner shall surrender before the investigating officer within a period of two weeks and submit himself for interrogation.
2. In the event of arrest, the petitioner shall be released on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the investigating officer.
3. The petitioner shall appear before the Investigating Officer for interrogation as and when directed by him in writing.
4. The petitioner shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence.
In case of violation of any of the above conditions, the learned Magistrate is empowered to
Bail Appl. No.7268 of 2015 3 cancel the bail in accordance with law without referring the matter to this Court.
Sd/- A. HARIPRASAD JUDGE / True Copy / NS/01/12/2015 P.A. To Judge